Is Assault A Felony?

“Assault” sounds like a single charge, but in Minnesota it is really a ladder of five offenses that range from a misdemeanor to one of the most serious felonies in the criminal code. Where your case lands depends on how badly someone was hurt, whether a weapon was involved, who the victim was, and your history. Here is how it breaks down.

Is assault a felony in Minnesota?

Sometimes. Minnesota law divides assault into five degrees, and the degree controls whether the charge is a misdemeanor, a gross misdemeanor, or a felony. The three most serious degrees are always felonies, while the two lowest can be misdemeanors or gross misdemeanors unless something elevates them.

Two factors do most of the elevating: the seriousness of the injury (or the use of a weapon) and your prior record. A shove with no injury and no history is a very different case from the same shove by someone with two prior domestic-violence convictions.

The five degrees of assault in Minnesota

The table below summarizes each degree, when it applies, and the maximum penalty.

Degree	When it is charged	Class	Maximum penalty
First (§ 609.221)	Great bodily harm, or deadly force against an officer	Felony	20 years / $30,000
Second (§ 609.222)	Assault with a dangerous weapon	Felony	7 years / $14,000 (10 years / $20,000 if substantial bodily harm)
Third (§ 609.223)	Substantial bodily harm, child-abuse pattern, or victim under 4	Felony	5 years / $10,000
Fourth (§ 609.2231)	Protected victims (police, EMS, etc.) or bias-motivated	Gross misd. or felony	Up to 1 year (gross misd.); felony in many cases
Fifth (§ 609.224)	Causing fear of harm, or inflicting/attempting minor bodily harm	Misdemeanor (priors raise it)	90 days / $1,000 (up to 5 years with priors)

First-degree assault

The most serious assault charge. It applies when someone inflicts great bodily harm or uses deadly force against a peace officer or judicial employee, and it is a felony punishable by up to 20 years in prison.

Second-degree assault

A felony charged when an assault involves a dangerous weapon. The maximum is seven years, rising to ten years if the weapon caused substantial bodily harm.

Third-degree assault

A felony when the victim suffers substantial bodily harm, when there is a pattern of child abuse, or when the victim is under four years old. It carries up to five years in prison.

Fourth-degree assault

This degree protects certain victims, such as police officers, firefighters, EMS workers, and other public servants, and it also covers bias-motivated assaults. It is usually a gross misdemeanor but can be charged as a felony depending on the facts.

Fifth-degree assault

The basic “simple assault” charge, for causing fear of imminent harm or inflicting minor bodily harm. A first offense is a misdemeanor, but prior convictions can raise it to a gross misdemeanor or a felony.

When is simple (fifth-degree) assault a felony?

A fifth-degree assault that would normally be a misdemeanor becomes more serious based on your record. A prior qualifying conviction within ten years can make it a gross misdemeanor, and two or more qualifying convictions within ten years can make it a felony punishable by up to five years and a $10,000 fine.

This is why an honest answer to “is assault a felony” has to account for history. The same conduct can be a 90-day misdemeanor for one person and a five-year felony for another. For how charge levels work generally, see our guide to gross misdemeanors in Minnesota.

Is domestic assault a felony in Minnesota?

It can be. Domestic assault under Minn. Stat. § 609.2242 follows the same escalation pattern as fifth-degree assault: a misdemeanor for a first offense, a gross misdemeanor with one prior qualifying conviction within ten years, and a felony with two or more within ten years. Domestic assault by strangulation is a felony on its own.

Domestic cases also carry extra consequences, including no-contact orders and firearm restrictions. We cover these in the consequences of domestic assault, whether domestic violence is a felony, and domestic assault by strangulation.

What are the consequences of a felony assault conviction?

Beyond prison and fines, a felony assault conviction brings lasting collateral consequences: loss of firearm rights, barriers to jobs, housing, and licensing, and a permanent record that follows you. A felony also stays on your record long-term.

Because the stakes climb so sharply between degrees, the difference between a third-degree felony and a fifth-degree misdemeanor, or between a conviction and a reduction, can change the entire course of your life. That gap is where defense work matters most.

What should you do if you are charged with assault?

Do not talk to police about the incident, and do not contact the alleged victim, especially in a domestic case where contact can create a new charge. Write down what you remember while it is fresh, preserve any evidence or witnesses, and get a defense attorney to assess the degree and the available defenses.

Assault cases often turn on self-defense, intent, the severity of the injury, and the credibility of the accounts, and the charged degree is frequently negotiable. For the bigger picture, see our guide to the types of criminal defenses. Our criminal defense and domestic assault attorneys handle assault charges at every degree across Minnesota.

FAQs

Is assault always a felony in Minnesota?

No. First-, second-, and third-degree assault are felonies, but fourth-degree assault can be a gross misdemeanor, and fifth-degree (simple) assault is a misdemeanor for a first offense. Prior convictions can raise the lower degrees to a felony.

What is the most serious assault charge in Minnesota?

First-degree assault under Minn. Stat. § 609.221. It applies to great bodily harm or deadly force against an officer and carries up to 20 years in prison and a $30,000 fine.

Is hitting someone a felony in Minnesota?

Not by itself. Causing minor bodily harm is usually fifth-degree assault, a misdemeanor. It can rise to a felony if the victim suffers substantial or great bodily harm, a weapon is used, the victim is protected, or you have qualifying prior convictions.

Is domestic assault a felony in Minnesota?

It can be. A first domestic assault is typically a misdemeanor, but it becomes a gross misdemeanor or a felony with prior qualifying convictions within ten years, and domestic assault by strangulation is a felony.

How long does a felony assault stay on your record?

A felony conviction stays on your record long-term and is difficult to remove. Some cases may be eligible for expungement after waiting periods, but felony assault expungement is limited, so it is worth getting legal advice.